Legal Provisions of Section 294 of Indian Penal Code, 1860.
Obscene acts and songs:
Doing any obscene act in a public place or singing etc. any obscene songs in such a place has been made an offence under this section. The section states that whoever annoys others by either doing any obscene act in any public place, or by singing, reciting or uttering any obscene songs, ballad or words, in any public place or near it, shall be punished with simple or rigorous imprisonment for a term extending up to three months., or with fine, or with both.
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ADVERTISEMENTS:
The section requires doing of any obscene act, or signing, reciting or uttering of any obscene songs, ballad or words. While the former must be in any public place, the latter must be either in any public place or near any public place. In either case annoyance must result to others because of it.
This section was substituted in place of the original one by the Indian Criminal Law (Amendment) Act, 1895.
Annoyance
ADVERTISEMENTS:
The prosecution must establish that annoyance has been caused by the accused to others. In many a case this will have to be inferred from the facts of the case. Where a ‘patel’ of a village had been convicted for having used abusive and obscene language against a medical doctor, and it was argued that there was no evidence to show as to whether the doctor or any other person was annoyed by it, it was held that annoyance was a mental condition and it could always be inferred from facts.
Witnessing a cabaret show voluntarily in a hotel or restaurant after having bought a ticket for the same may amount to annoyance within the meaning of this section if the show is so obscene as to necessitate punishment under the section.
The plea of consent under section 87 or 88 of the Indian Penal Code on the ground that the complainant knew what he was going to see and that he had consented to the same by paying money and buying a ticket, is not tenable because interest of the society is paramount and such argument will lead to holding of such performances before a willing crowed which cannot be permitted.
Obscene act
ADVERTISEMENTS:
Even though the Indian Penal Code has not defined ‘obscene’, it can be said that indecent exposure of one’s person is an obscene act. Similarly, sexual intercourse in a public place will also fall within this section. A rickshaw puller stopped his rickshaw near two young girls unknown to him and said: ‘Aao meri jaan mere rickshey per baith jao. Mein tumko pahuncha doonga. Mein tumhara intezar kar raha hun’.
It was held that he was guilty under this section two writ petitions were filed with the prayer that cabaret shows in public places such as hotels and restaurants must be banned on the grounds that they are obscene acts and hence are punishable under section 294 of the Code. It was held that judged from the moral standards of our present day society, these shows could not be held obscene if they are devoid of nudity and obscenity.
But voluntarily going in such cabaret shows where nudity or obscenity is to be shown does not mean that such shows would not attract section 294 of the Code. The knowledge on the part of the complainant as to what he was about to see does not preclude him from complaining about the same when annoyance is caused to him.
There exists a difference of opinions amongst different High Courts on this account, and a customer above the age of eighteen years who went to a hotel holding cabaret shows was held not entitled to initiate action for obscenity as he was a consenting party and could not be said to suffer annoyance as he himself went there for entertainment.
In Narendra H. Khurana v. The Commissioner of Policed the Bombay High Court ruled that cabaret dance where indecent and obscene act per se is involved would not attract provisions of section 294 in absence of express evidence of annoyance to any person who attended such show. Restaurants and hotels where cabaret dances are performed and where entry is restricted by purchase of tickets would still be ‘public place’ within the meaning of section 294.
Public place
Public place means a place where the public has a right to go, as well as a place where they go even though they have no such right, or where they are allowed entry irrespective of the fact whether they have such right or not, or a place where they enjoy a limited right of access. Consequently, a hotel where cabaret performances are held and for which entry is restricted to payment of a hefty sum of money is a public place within the meaning of section 294 of the Code. Public place cannot and should not be determined on the basis of the amount of money one can spend to get admittance in a place.
In Saraswathi v. State of Tamilnadu, the Madras High Court ruled that an offence under Clause (b) of section 294 cannot be made out for uttering words in a private garden which was not a public place.
Eve-teasing and sentencing
The Patna High Court has observed in Sadan Prasad v. Stated that the maximum sentence of three months imprisonment provided under section 294 of the Code needs to be increased immediately in view of the ever- increasing number of eve-teasing cases in India.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by any magistrate.